Mr. Yama Babur Through Spa Holder Mrs. Vinita Devnani v. Union Of India

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14148/2024 & CM APPL. 59250/2024 MR. YAMA BABUR THROUGH SPA HOLDER MRS. VINITA DEVNANI .....Petitioner Through:

Mr. Akshit Gadhok, Mr. Asghar Khan and Mr.

Abdul Tahir Khan, Advocates.

versus UNION OF INDIA .....Respondent Through:

Mr. Syed Abdul Haseeb, CGSC with Mr. Shriram Tiwary, G.P. for R-1 & 2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 07.10.2024 1.

The Petitioner, Mr. Yama Babur, being an Afghan National, has approached this Court through a Special Power of Attorney Holder - Mrs. Vinita Devnani, seeking juridical intervention for facilitating the process of grant of visa applied by the Petitioner under Ex-Visa Application ID 1004V8641522.

2.

The factual background leading to the filing of the present petition is as follows:

2.1.

The Petitioner is a businessman in Kabul, Afghanistan, and has been visiting and staying in India for the past 15 years. During this period, the Petitioner got married to Mrs. Vinita Devnani, an Indian National, who is also the Special Power of Attorney of the Petitioner. W.P.(C) 14148/2024 Page 1 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.2.

In the year 2022, the Petitioner was in India on an E-Emergency XMiscellaneous Visa, valid from 9th December, 2021 to 7th June, 2022. The Petitioner sought extension of the visa, which was granted till 7th December, 2022. Thereafter, the Petitioner travelled back to Afghanistan. 2.3.

Subsequently, the Petitioner applied for E-Emergency XMiscellaneous Visa on 30th November, 2022. He also sent numerous requests, followed by several reminders to the Ministry of External Affairs, seeking an update with request to his request. 2.4 Ministry of Home Affairs, Foreigners Division issued an Office Memorandum dated 28th June, 2023 addressed to the Bureau of Immigration in the following terms:

"The Undersigned is directed to forward herewith a copy of National Human Rights Commission's order dated 14.06.2023 in NHRC case no. 996/90/0/2023 for taking appropriate action as per extant rules and provide action taken report directly to NHRC." 2.5 The Petitioner then took the concern with National Human Rights Commission1 (Law Division).

In this regard, through several communications, the Ministry of Home Affairs has been informing the concerned division of the NHRC that the grant of visa to the Petitioner is being examined in consultation with the Bureau of Immigration and Ministry of External Affairs. In this regard, the communication dated 15th January, 2024, issued by the Ministry of Home Affairs, reads as follows: 1 "NHRC"

W.P.(C) 14148/2024 Page 2 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.6 The Petitioner has since then, continuously engaged with the Ministry of External Affairs, however, his request for the issuance of visa has not been granted.

3.

Pertinently, the Under Secretary to the Government of India, in the communication dated 15th January, 2024, has pointed out that presently, the only visa being considered for Afghan Nationals is the 'e-Emergency XMiscellaneous Visa' as a temporary measure for emergency travel to India, W.P.(C) 14148/2024 Page 3 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and that the applications for the said visa are being processed by the Bureau of Immigration in consultation with the Ministry of External Affairs and Security Agency. Therefore, in view of the security concerns of the State and in absence of Indian mission of Afghanistan, no timeline can be prescribed for processing of the e-emergency visa applications. 4.

Having regard to the aforenoted circumstances, the Petitioner's request for an issuance of a mandamus to the Union of India for facilitating the process of the his E-visa application, in the opinion of the Court, cannot be granted. The Respondents have adequately clarified the reasons owing to which the Petitioner's request cannot be granted, and the Court finds no reasonable basis to interfere with the same.

5.

In view of the above, the present petition, along with pending application(s), if any, is dismissed.

SANJEEV NARULA, J OCTOBER 7, 2024 as W.P.(C) 14148/2024 Page 4 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.